Dallas County District Judge Entz's Interrogatories to LULAC No. 4434; First Request for Production of Documents

    HUGHES & LUCE 
2800 MOMENTUM PLACE 

1717 MAIN STREET 

  

DALLAS, TEXAS 75201 1500 UNITED BANK TOWER 

(214) 939-5500 AUSTIN, TEXAS 78701 

TELECOPIER (214) 939-6100 (512) 482-6800 

TELEX 730836 TELECOPIER (512) 474-4258 

Direct Dial Number 

(214) 939-5581 

March 29, 1989 

BY CERTIFIED MAIL 
  

William C. Garrett, Esq. 
8300 Douglas #800 
Dallas, Texas 75225 

Re: LULAC Council No. 4434, et al. v. Jim Mattox, et al. 

Dear Mr. Garrett: 

Enclosed please find Dallas County District Judge F. 
Harold Entz's Interrogatories to LULAC No. 4434 and Dallas 

County District Judge ‘FP. Harold Entz's First Request: for 
Production of Documents to LULAC No. 4433. 

By copy of this letter, all counsel of record are being 

provided with copies of these documents. 

Very truly yours, 

DA tol, 
David C. Godbey 

DCG/jed 

Enclosure 

cc: Rolondo Rios 
Susan Finkelstein 
Sherrill A. Ifill 
Gabrielle K. McDonald 
Edward B. Cloutman, III 

E. Brice Cunningham 
Renea Hicks 
Ken Oden 

David R. Richards 
J. Eugene Clements 

Darrell Smith 
Michael J. Wood 

 



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC COUNCIL NO. 4434, etal. § 

§ 
Plaintiffs, § 

§ CIVIL ACTION NO. 

v. § 
§ MO-88-CA-154 

JIM MATTOX, etal. § 

§ 
Defendants. § 

DALLAS COUNTY DISTRICT JUDGE 
F. HAROLD ENTZ'S INTERROGATORIES TO LULAC NO. 4434 
  

TO: LULAC Council No. 4434, by and through its attorney of 
record, William C. Garrett, 8300 Douglas #800, Dallas, 
Texas 75225: 

Judge F. Harold Entz submits his first interrogatories to 

Plaintiff LULAC ("Respondent") in accordance with Rule 33 of 

the Federal Rules of Civil Procedure as follows: 

DEFINITIONS   

I. "Document" means the original and any non-identical 

copy of any document (including writings, drawings, graphs, 

charts, photographs, phonorecords, audio recordings, and other 

data compilations from which information can be obtained, 

translated, if necessary, by the respondent through detection 

devices into reasonably usable form) and any tangible things 

which constitute or contain matters within the scope of Rule 

26(b) of the Federal Rules of Civil Procedure. 

JUDGE ENTZ'S INTERROGATORIES TO LULAC - PAGE 1 

 



  

2. "Communication® means any oral or written 

communication between or among any identified parties, 

including but not limited to telephone calls, meetings, 

discussions, correspondence, memoranda, or other messages 

conveyed from one party to another regardless of medium. 

3. “identify,” or any form of that word used in 

connection with a document, means to state: (a) the name, date 

and subject of the document; (b) the type of document (e.qg., 

letter, memorandum, note, report); (c) the identity of the 

author and all recipients of the document; (d) the identity of 

the custodian or possessor of the document or a copy of the 

document; and (e) the location of the document or a copy of 

the document. 

q. "Identify," or any form of that word used "in 

connection with a person, if that person is an individual, 

means to state (a) the name; (b) the present employer, if 

known; and (c) the present or last known business and home 

addresses and telephone numbers. 

5. mldentify,” or any form Of that word "used in 

connection with a person, if the person is a corporation, 

partnership, or other legal entity, means to (a) state the 

name; (b) identify the state of legal formation; (c) identify 

all officers, directors, partners and/or principals; and (4d) 

state the person's principal place of business. 

6. "Identify," or any form Of that word. used in 

connection with a communication, means to identify the parties 

to the communication, identify the medium of the communication 

JUDGE ENTZ'S INTERROGATORIES TO LULAC - PAGE 2 

 



  

(e.g., phone conversation, letter, etc.), and state the date 

of the communication. 

7. "You" or "Your" means the plaintiff LULAC. 

8. "Relating to" a subject means containing, embodying, 

referring to, comprising, reflecting. explaining, or having 

any significant logical, factual or causal connection with the 

subject. 

INSTRUCTIONS 

1. Answer each interrogatory fully in writing under 

oath, unless the interrogatory is subject to objection, in 

which case the reasons for objection must be stated in lieu of 

answer. If precise information is not available for answer, 

an estimate identified as such may be provided. 

2. The interrogatories are continuing in nature and your 

responses should be supplemented as required by Rule 33 of the 

Federal Rules of Civil Procedure. 

3. All answers and other responses to the 

interrogatories must be served upon the undersigned counsel 

within fifteen (15) days after service of these 

interrogatories upon respondent. 

INTERROGATORIES 
  

1. Identify each person you expect to call as an expert 

witness at trial and state the subject matter on which the 

expert is expected to testify. Include within your answer the 

substance of the facts and opinions to which the expert is 

JUDGE ENTZ'S INTERROGATORIES TO LULAC - PAGE 3 

 



  

expected to testify and a summary of the grounds for each such 

opinion. 

2. Identify all LULAC members residing in Dallas County, 

Texas. 

3. If you claim that Blacks and Hispanics are politically 

cohesive in Dallas County, please state the factual bases for 

such a claim 

4. If you claim that voting in Dallas County is racially 

polarized, please state the factual bases for such a claim. 

5. Identify every Dallas County election you have analyzed, 

describing fully your method of analysis, and the results of 

such analysis. 

6. Identify every candidate for public office in Dallas 

County whom you have sponsored or preferred in the last twenty 

years. Include within your answer the date of the race, the 

position the race was intended to fill, the identity of the 

winner of the race, and the percentage of Blacks, Whites, and 

Hispanics respectively voting for your sponsored or preferred 

candidate. 

7. Identify every factor and circumstance present in Dallas 

County with respect to the political processes leading to the 

nomination or election of candidates to public office in 

Dallas County that you «claim is not equally open to 

participation by minorities and that you claim gives 

minorities less opportunity than other members of the 

electorate to participate in the political process and to 

elect representatives of their choice. 

JUDGE ENTZ'S INTERROGATORIES TO LULAC - PAGE 4 

 



  

8. If you claim that any part of the established system in 

Dallas County for electing state district judges dilutes 

minority voting strength, state the factual bases for your 

claim, if any, that the reasons for adopting such a system are 

tenuous. 

9. If you claim that the system of electing state district 

judges in Dallas County is intentionally designed to 

discriminate against minorities, please state the factual 

bases for such a claim. 

10. If you claim that minorities in Dallas County have been 

denied access to a candidate slating process, please state the 

factual bases for such a claim. 

31), If you claim that Blacks and Hispanics in Dallas County 

are hindered in their ability to participate effectively in 

the political process, state your factual bases for such a 

claim. 

12. If you claim that political campaigns in Dallas County 

have been characterized by overt or subtle racial appeals, 

state your factual bases for such a claim. 

13. If you claim that there is a significant lack of 

responsiveness on the part of the elected judges in Dallas 

County to the particularized needs of Blacks and Hispanics, 

state your factual bases for such a claim. 

14. Describe the location and population of each and every 

single member district you claim could and/or should be drawn 

JUDGE ENTZ'S INTERROGATORIES TO LULAC - PAGE 5 

 



  

in Dallas County with respect to electing state district 

judges. 

15. With respect to your answer to Interrogatory No. 14, 

state the percentage of Anglo, Black, and Hispanic members of 

the voting age population in each such district. 

16. For each person identified in response to Interrogatory 

No. 1, please list every engagement of the expert in which the 

expert was hired potentially to testify and in which Section 2 

of the Voting Rights Act was involved. Include within your 

answer the person or group by whom the expert was retained. 

17. If you claim ‘that Hispanics "in Dallas County are 

politically cohesive, state the factual bases for such a claim. 

18. If you claim that white voters in Dallas County vote as a 

bloc usually to defeat your preferred candidates, state the 

factual bases for such a claim. 

19. Identify all documents relating to your answers to 

Interrogatories 1-18. 

20. Identify by name, address, and telephone number each 

person assisting in the preparation of the answers to 

Interrogatories 1-19 above. 

JUDGE ENTZ'S INTERROGATORIES TO LULAC - PAGE 6 

 



Respectfully submitted, 

47 
al 

  

Robert H. Mow, 

David C. a 

Bobby M. Rubarts 
Esther R. Rosenblum 

of HUGHES & LUCE 

2800 Momentum Place 

1717 Main Street 
Dallas, Texas 75201 

214/939-5500 

ATTORNEYS FOR DALLAS 
COUNTY DISTRICT JUDGE 
F. HAROLD ENT?Z 

CERTIFICATE OF SERVICE 
  

I hereby certify that a true and correct copy of the 

foregoing document was served on counsel of record on 

this iT of March, 1989. 

arian 
7   

52800010:15 

JUDGE ENTZ'S INTERROGATORIES TO LULAC - PAGE 7  



IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC COUNCIL NO. 4434, etal. 

Plaintiffs, 
CIVIL ACTION NO. 

Ve 

MO-88-CA-154 

JIM MATTOX, etal. 

C
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CA

 
CP
 

CP
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2)
 

Defendants. 

DALLAS COUNTY DISTRICT 
JUDGE F. HAROLD ENTZ'S 

FIRST REQUEST FOR PRODUCTION 
OF DOCUMENTS TO LULAC N 4434 

LULAC Council No. 4434, by and through its attorney of 

record, William C. Garrett, 8300 Douglas #800, Dallas, 

Texas 75225: 

Pursuant to Rule 34 of the Federal Rules of Civil 

Procedure, Judge Entz submits the following request for 

production of documents to LULAC ("Respondent"): 

DEFINITIONS   

: jg "Document" means the original and any non-identical 

copy of any document (including writings, drawings, graphs, 

charts, photographs, phonorecords, audio recordings, and other 

data compilations from which information can be obtained, 

translated, if necessary, by the respondent through detection 

devices into reasonably usable form) and any tangible things 

which constitute or contain matters within the scope of Rule 

26(b) of the Federal Rules of Civil Procedure. 

2. "You," or "Your" means the Plaintiff LULAC. 

JUDGE ENTZ'S FIRST DOCUMENT REQUEST TO LULAC - Page 1  



  

3. "Relating to" a subject means containing, embodying, 

referring to, comprising, reflecting. explaining, or having 

any significant logical, factual or causal connection with the 

subject. 

INSTRUCTIONS   

l. Respondent shall produce for inspection and copying 

all documents described below within its possession custody 

and control at the offices of Hughes & Luce, 2800 Momentum 

Place, 1717 Main Street, Dallas, Texas 75201], or such other 

place as may be mutually agreed, within fifteen (15) days of 

service of this request upon Respondent. 

2 Respondent shall serve a written response to this 

request upon the undersigned counsel within fifteen (15) days 

of service of this request upon Respondent. 

3. For all documents withheld from production based upon 

a claim of privilege or work product immunity, Respondent 

shall state a brief description of the nature of the document, 

the person or persons creating the document, all recipients of 

the document, all persons who have seen or been permitted 

access to the document, a brief summary of the contents of the 

document, and the factual basis for the privilege or immunity 

claimed. 

q. If any document was, but is no longer, within 

Respondent's possession, custody, Or ‘control, state the 

disposition made of such document, including that date, method 

of, and reason for such disposition and identify, if known, 

JUDGE ENTZ'S FIRST DOCUMENT REQUEST TO LULAC - Page 2 

 



  

any person now having possession, custody, or control of the 

document or a copy of the document. 

DOCUMENTS TO BE PRODUCED 
  

Respondent shall produce all documents relating to: 

1. All documents required to be identified by you in response 

to Judge Entz's written interrogatories 

2. Anything reviewed by any of your experts. 

3. The elections in Dallas County which you contend 

demonstrate racially polarized voting in Dallas County. 

4, Your claims, if any, that Blacks and Hispanics in Dallas 

County are politically cohesive. 

5. Your claims, if any, that Hispanics are politically 

cohesive in Dallas County. 

6. The geographic location and racial make-up of the single 

member districts that you claim could be drawn in Dallas 

County with respect to the election of state district judges. 

7. Any statistical studies upon which you rely in support of 

any of your claims. 

8. Any statistical analysis or other analysis of elections in 

Dallas County performed by you or on your behalf in connection 

with this lawsuit. 

9. Anything prepared by any of your experts. 

10. The curriculum vitae of each of your experts. 

11. Anything submitted by you to any of your experts. 

12. Any publications of any of your experts. 

JUDGE ENTZ'S FIRST DOCUMENT REQUEST TO LULAC - Page 3 

 



  

13. Any transcripts of the depositions or other testimony of 

any of your experts in any other case involving the Voting 

Rights Act or any type of redistricting. 

14. Any of your claims in the lawsuit. 

15. The number and percentage of registered Black, Hispanic, 

and other voters in Dallas County. 

16. The percentage of Black and Hispanic attorneys among all 

attorneys eligible to run for election as a state district 

judge in Dallas County. 

17. The geographic location of areas in Dallas County in 

which you claim that there is a sufficiently compact minority 

population for the drawing of single member districts in 

Dallas County in which minorities would constitute the 

majority of voters. 

18. The documents produced to you by any of the defendants in 

this lawsuit. 

Respectfully submitted, 

nll 
Vg 

  

Robert H. Mow, Jr. 
David C. Godbey 
Bobby M. Rubarts 
Esther R. Rosenblum 

of HUGHES & LUCE 

2800 Momentum Place 

1717 Main Street 
Dallas, Texas 75201 

214/939-5500 

ATTORNEYS FOR DALLAS 
COUNTY DISTRICT JUDGE 
F. HAROLD ENTZ 

JUDGE ENTZ'S FIRST DOCUMENT REQUEST TO LULAC - Page 4 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that a true and correct copy of the 

foregoing document was served on counsel of record on 

this 2.9 aay of March, 1989. 

ud diy or 
  

52800010:16 

JUDGE ENTZ'S FIRST DOCUMENT REQUEST TO LULAC - Page 5